[Congressional Record Volume 168, Number 92 (Thursday, May 26, 2022)]
[Senate]
[Pages S2745-S2746]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ARMS SALES NOTIFICATION

  Mr. MENENDEZ. Mr. President, section 36(b) of the Arms Export Control 
Act requires that Congress receive prior notification of certain 
proposed arms sales as defined by that statute. Upon such notification, 
the Congress has 30 calendar days during which the sale may be 
reviewed. The provision stipulates that, in the Senate, the 
notification of proposed sales shall be sent to the chairman of the 
Senate Foreign Relations Committee.
  In keeping with the committee's intention to see that relevant 
information is available to the full Senate, I ask unanimous consent to 
have printed in the Record the notifications which have been received. 
If the cover letter references a classified annex, then such annex is 
available to all Senators in the office of the Foreign Relations 
Committee, room SD-423.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                  Defense Security


                                           Cooperation Agency,

                                     Arlington, VA., May 26, 2022.
     Hon. Robert Menendez,
     Chairman, Committee on Foreign Relations,
     U.S. Senate, Washington, DC.
       Dear Mr. Chairman: Pursuant to the reporting requirements 
     of Section 36(b)(l) of the Arms Export Control Act, as 
     amended, we are forwarding herewith Transmittal No. 22-25, 
     concerning the Navy's proposed Letter(s) of Offer and 
     Acceptance to the Government of the Netherlands for defense 
     articles and services estimated to cost $117 million. After 
     this letter is delivered to your office, we plan to issue a 
     news release to notify the public of this proposed sale.
           Sincerely,
                                                  James A. Hursch,
                                                         Director.
       Enclosures.


                         Transmittal No. 22-25

     Notice of Proposed Issuance of Letter of Offer and Acceptance 
         Pursuant to Section 36(b)(1) of the Arms Export Control 
         Act, as amended
       (i) Prospective Purchaser: Government of the Netherlands.
       (ii) Total Estimated Value:
       Major Defense Equipment * $104.6 million.
       Other $12.4 million.
       Total $117.0 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase: Foreign Military 
     Sales (FMS) case NE-P-AGJ, was below congressional 
     notification threshold at $16.8 million ($15.3 million in 
     MDE) and included twenty-three (23) AIM-9X Block II Tactical 
     Missiles. The Government of the Netherlands has requested the 
     case be amended to include an additional fifty (50) AIM-9X 
     Block II Tactical Missiles and requested a new FMS case for 
     twenty-two (22) AIM-9X Block II Tactical Missiles; forty-
     three (43) AIM-9X Block II+ Tactical Missiles; and one (1) 
     AIM-9X Block II+ Tactical Guidance Unit. This case amendment 
     and new FMS case will increase the total case values above 
     the MDE notification threshold and thus require notification 
     of the entirety of the FMS cases.
       Major Defense Equipment (MDE):
       Ninety-five (95) AIM-9X Block II Tactical Missiles.
       Forty-three (43) AIM-9X Block II+ Tactical Missiles.
       One (1) AIM-9X Block II+ Tactical Guidance Unit.
       Non-MDE: Also included are containers; classified and 
     unclassified software; U.S. Government and contractor 
     technical assistance; and other related elements of 
     logistical and program support.
       (iv) Military Department: Navy (NE-P-AGM, NE-P-AGJ).
       (v) Prior Related Cases, if any: NE-P-AGE.
       (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed 
     to be Paid: None.
       (vii) Sensitivity of Technology Contained in the Defense 
     Article or Defense Services Proposed to be Sold: See Attached 
     Annex.
       (viii) Date Report Delivered to Congress: May 26, 2022
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

               The Netherlands--AIM-9X Block II Missiles

       The Government of the Netherlands has requested to buy 
     seventy-two (72) AIM-9X Block II Tactical Missiles; and 
     forty-three (43) AIM-9X Block II+ Tactical Missiles that will 
     be added to a previously implemented case. The original FMS 
     case, valued at $16.8 million, included twenty-three (23) 
     AIM-9X Block II Tactical Missiles. The Netherlands has also 
     requested a new FMS case for twenty-two (22) AIM-9X Block II 
     Tactical Missiles; forty-three (43) AIM-9X Block II+ Tactical 
     Missiles; and one (1) AIM-9X Block II+ Tactical Guidance 
     Unit. Therefore, this notification is for a total of ninety-
     five (95) AIM-9X Block II Tactical Missiles; forty-three (43) 
     AIM-9X Block II+ Tactical Missiles; and one (1) AIM-9X Block 
     II+ Tactical Guidance Unit. Also included are containers; 
     classified and unclassified software; U.S. Government and 
     contractor technical assistance; and other related elements 
     of logistical and program support. The total estimated cost 
     is $117 million.
       This proposed sale will support the foreign policy and 
     national security objectives of the United States by helping 
     to improve the security of a NATO ally that is an important 
     force for political stability and economic progress in 
     Europe.
       The proposed sale will enable the Royal Netherlands Air 
     Force (RNAF) to provide stronger support for the Netherlands' 
     air defense needs. This proposed sale of AIM-9X missiles will 
     improve the RNAF's capability to conduct self-defense and 
     regional security missions, enhancing interoperability with 
     the U.S. and other NATO members. The Netherlands will have no 
     difficulty absorbing these missiles into its armed forces.
       The proposed sale of this equipment and support will not 
     alter the basic military balance in the region.

[[Page S2746]]

       The principal contractor will be Raytheon Missiles and 
     Defense, Tucson, AZ. There are no known offset agreements 
     proposed in connection with this potential sale.
       Implementation of this sale will not require the assignment 
     of any U.S. Government or contractor representatives to the 
     Netherlands.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 22-25

     Notice of Proposed Issuance of Letter of Offer and Acceptance 
         Pursuant to Section 36(b)(l) of the Arms Export Control 
         Act

                           Annex Item No. vii

       (vii) Sensitivity of Technology:
       1. The AIM-9X Block II and Block II+ (Plus) Missile 
     (including the Guidance Unit) replaces the AIM-9X Block I 
     Missile configuration. The missile includes a high off-
     boresight seeker, enhanced countermeasure rejection 
     capability, low drag/high angle of attack airframe and the 
     ability to integrate the Helmet Mounted Cueing System. The 
     software algorithms are the most sensitive portion of the 
     AIM-9X missile. The software continues to be modified via a 
     pre-planned product improvement (P3I) program in order to 
     improve its counter-countermeasure capabilities. No software 
     source code or algorithms will be released.
       2. The highest level of classification of defense articles, 
     components and services included in this potential sale is 
     SECRET.
       3. In a technologically advanced adversary were to obtain 
     knowledge of the specific hardware and software elements, the 
     information could be used to develop countermeasures that 
     might reduce weapon system effectiveness or be used in the 
     development of a system with similar or advanced 
     capabilities.
       4. A determination has been made that the Netherlands can 
     provide substantially the same degree of protection for the 
     sensitive technology being released as the U.S. Government. 
     This sale is necessary in furtherance of the U.S. foreign 
     policy and national security objectives outlined in the 
     Policy Justification.
       5. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Government of the Netherlands.

                          ____________________